S. 292Senate116th Congress (2019-2021)In Committee

Keep Families Together Act

Introduced January 31, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:12 AM UTC

The Keep Families Together Act would restrict the removal of children from their parents or legal guardians at U.S. ports of entry or within 100 miles of the border. It allows separations only when a state court terminates parental rights, a child‑welfare expert determines the child is in danger, or a senior border official authorizes it for specific safety reasons. The bill also requires training, documentation, reporting, and assistance to help families locate and reunite with separated children.

Key Provisions

  • Agents may not separate a child from a parent or guardian unless a state court ends parental rights, a child‑welfare specialist finds the child is in danger of abuse/neglect, or a senior border official authorizes it because of trafficking risk, doubtful parentage, or safety concerns.
  • Separations cannot be done simply to deter migration or enforce civil immigration laws.
  • The Secretary of Homeland Security must document any authorized separation in writing, stating the reason and evidence.
  • Within 180 days, the Secretary (with HHS) must create training and guidance on child‑trauma‑informed practices for border agents, with annual reviews.
  • The law establishes presumptions favoring family unity, keeping siblings together, and viewing detention as not in the best interest of children.
  • Guidance must be issued on how parents can locate separated children, provided in English, Spanish, and other languages as needed, and parents must receive written notice of this guidance.
  • Parents must receive monthly updates on the child’s status, health, education, immigration status, and other relevant information.
  • An annual report to congressional committees must detail every instance of child separation, including demographics, reasons, and outcomes.
  • If a state court has not terminated parental rights, the law presumes those rights remain intact and that separation does not equal abuse or neglect.
  • The Comptroller General must study and report on the prosecution of asylum seekers from 2008‑2018, including how many were separated from children.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S802-803)

January 31, 2019

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SenateIntro Referral

Introduced in Senate

January 31, 2019

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S802-803)

January 31, 2019

Floor Debate

4 members

What members said about S. 292 on the floor

2 Republicans1 Democrat1 Independent
Bernard Sanders
Sen. Bernard SandersI-VT · Jan 31, 2019

Mr. President, all across our country--in Vermont, in Illinois, in California--all across this country, people are asking a very simple question. That question is, How does it happen that in the…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 31, 2019

Mr. President, I rise today to reintroduce legislation that will finally put an end to the separation of families at our southern border. I have believed from the outset that the administration was…

Joni Ernst
Sen. Joni ErnstR-IA · Jan 31, 2019

Thank you, Mr. President. Today I rise on the 3-year anniversary of the tragic death of a constituent of mine, Sarah Root. On January 31, 2016, the same day as her college graduation, Sarah was…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 31, 2019

Mr. President, I rise today to reintroduce legislation that will finally put an end to the separation of families at our southern border. I have believed from the outset that the administration was…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 31, 2019

Mr. President, I rise to introduce legislation with my colleague Senator Casey that would reauthorize the only federally funded programs that are specifically designed to develop a health provider…

Bill Text

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Introduced in SenateIssued January 31, 2019

II

116th CONGRESS

1st Session

S. 292

IN THE SENATE OF THE UNITED STATES

January 31, 2019

Mrs. Feinstein (for herself, Mr. Leahy, Mrs. Murray, Mr. Wyden, Ms. Harris, Ms. Rosen, Mrs. Shaheen, Mr. King, Mr. Carper, Ms. Duckworth, Mr. Sanders, Mr. Bennet, Mr. Coons, Mr. Blumenthal, Ms. Klobuchar, Mr. Reed, Mr. Kaine, Ms. Hassan, Mr. Markey, Mr. Murphy, Mr. Menendez, Ms. Cortez Masto, Mr. Heinrich, Mr. Udall, Mr. Cardin, Mr. Booker, Mr. Whitehouse, Mr. Merkley, Mr. Van Hollen, Mr. Casey, Ms. Hirono, Mrs. Gillibrand, Ms. Cantwell, Ms. Warren, Ms. Stabenow, Ms. Baldwin, Mr. Brown, Ms. Smith, Mr. Warner, Mr. Peters, Mr. Jones, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To limit the separation of families at or near ports of entry.

1.

Short title

This Act may be cited as the Keep Families Together Act.

2.

Limitation on the separation of families

(a)

In general

An agent or officer of a designated agency shall be prohibited from removing a child from his or her parent or legal guardian, at or near the port of entry or within 100 miles of the border of the United States, unless one of the following has occurred:

(1)

A State court, authorized under State law, terminates the rights of a parent or legal guardian, determines that it is in the best interests of the child to be removed from his or her parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law.

(2)

An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from his or her parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others.

(3)

The Chief Patrol Agent or the Area Port Director in their official and undelegated capacity, authorizes separation upon the recommendation by an agent or officer, based on a finding that—

(A)

the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking;

(B)

there is a strong likelihood that the adult is not the parent or legal guardian of the child; or

(C)

the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others.

(b)

Prohibition on separation

An agency may not remove a child from a parent or legal guardian solely for the policy goal of deterring individuals from migrating to the United States or for the policy goal of promoting compliance with civil immigration laws.

(c)

Documentation required

The Secretary shall ensure that a separation under subsection (a)(3) is documented in writing and includes, at a minimum, the reason for such separation, together with the stated evidence for such separation.

3.

Recommendations for separation by agents or officers

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall develop training and guidance, with an emphasis on the best interests of the child, childhood trauma, attachment, and child development, for use by the agents and officers, in order to standardize the implementation of section 2(a)(3).

(b)

Annual review

Not less frequently than annually, the Secretary of Health and Human Services shall review the guidance developed under subsection (a) and make recommendations to the Secretary to ensure such guidance is in accordance with current evidence and best practices in child welfare, child development, and childhood trauma.

(c)

Requirement

The guidance under subsection (a) shall incorporate the presumptions described in section 4.

(d)

Additional requirements

(1)

Evidence-based

The guidance and training developed under this section shall incorporate evidence-based practices.

(2)

Training required

(A)

Agents and officers

All agents and officers of designated agencies, upon hire, and annually thereafter, shall complete training on adherence to the guidance under this section.

(B)

Management

All Chief Patrol Agents and Area Port Directors, upon hire, and annually thereafter, shall complete—

(i)

training on adherence to the guidance under this section; and

(ii)

90 minutes of child welfare practice training that is evidence-based and trauma-informed.

4.

Presumptions

The presumptions described in this section are the following:

(1)

There shall be a strong presumption in favor of family unity.

(2)

To the maximum extent practicable, the Secretary shall ensure that sibling groups remain intact.

(3)

There is a presumption that detention is not in the best interests of families and children.

5.

Required policy for locating separated children

(a)

In general

Not later than 180 days after the after the date of the enactment of this Act, the Secretary shall publish final public guidance that describes, with specificity, the manner in which a parent or legal guardian may locate a child who was separated from the parent or legal guardian under section 2(a). In developing the public guidance, the Secretary shall consult with the Secretary of Health and Human Services, immigrant advocacy organizations, child welfare organizations, and State child welfare agencies.

(b)

Written notification

The Secretary shall provide each parent or legal guardian who was separated, with written notice of the public guidance to locate a separated child.

(c)

Language access

All guidance shall be available in English and Spanish, and at the request of the parent or legal guardian, in the language or manner that is understandable by the parent or legal guardian.

6.

Required information for separated families

Not less frequently than monthly, the Secretary shall provide the parent or legal guardian of a child who was separated with—

(1)

a status report on the monthly activities of the child;

(2)

information about the education and health of the child, including any medical treatment provided to the child or medical treatment rec­om­mend­ed for the child;

(3)

information about changes to the child’s immigration status; and

(4)

other information about the child, designed to promote and maintain family reunification, as the Secretary determines in his or her discretion.

7.

Annual report on family separation

Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees of jurisdiction that describes each instance in which a child was separated from a parent or legal guardian and includes, for each such instance—

(1)

the relationship of the adult and the child;

(2)

the age and gender of the adult and child;

(3)

the length of separation;

(4)

whether the adult was charged with a crime, and if the adult was charged with a crime, the type of crime;

(5)

whether the adult made a claim for asylum, expressed a fear to return, or applied for other immigration relief;

(6)

whether the adult was prosecuted if charged with a crime and the associated outcome of such charges;

(7)

the stated reason for, and evidence in support of, the separation;

(8)

if the child was part of a sibling group at the time of separation, whether the sibling group has had physical contact and visitation;

(9)

whether the child was rendered an unaccompanied alien child; and

(10)

other information in the Secretary’s discretion.

8.

Clarification of parental rights

If a child is separated from a parent or legal guardian, and a State court has not made a determination that the parental rights have been terminated, there is a presumption that—

(1)

the parental rights remain intact; and

(2)

the separation does not constitute an affirmative determination of abuse or neglect under Federal or State law.

9.

Clarification of existing law

(a)

Federal law

Nothing in this Act shall be interpreted to supersede or modify Federal child welfare law, where applicable, including the Adoption and Safe Families Act of 1997 (Public Law 105–89).

(b)

State law

Nothing in this Act shall be interpreted to supersede or modify State child welfare laws where applicable.

10.

GAO report on prosecution of asylum seekers

(a)

Study

The Comptroller General of the United States shall conduct a study of the prosecution of asylum seekers during the period beginning on January 1, 2008 and ending on December 31, 2018, including—

(1)

the total number of persons who claimed a fear of persecution, received a favorable credible fear determination, and were referred for prosecution;

(2)

an overview and analysis of the metrics used by the Department of Homeland Security and the Department of Justice to track the number of asylum seekers referred for prosecution;

(3)

the total number of asylum seekers referred for prosecution, a breakdown and description of the criminal charges filed against asylum seekers during such period, and a breakdown and description of the convictions secured;

(4)

the total number of asylum seekers who were separated from their children as a result of being referred for prosecution;

(5)

a breakdown of the resources spent on prosecuting asylum seekers during such period, as well as any diversion of resources required to prosecute asylum seekers, and any costs imposed on States and localities;

(6)

the total number of asylum seekers who were referred for prosecution and also went through immigration proceedings; and

(7)

the total number of asylum seekers referred for prosecution who were deported before going through immigration proceedings.

(b)

Report

Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress that describes the results of the study conducted pursuant to subsection (a).

11.

Definitions

In this Act:

(1)

Agent; officer

The terms agent and officer include contractors of the Federal Government.

(2)

Child

The term child means an individual who—

(A)

has not reached 18 years of age; and

(B)

has no permanent immigration status.

(3)

Committees of jurisdiction

The term committees of jurisdiction means—

(A)

the Committee on the Judiciary of the Senate; and

(B)

the Committee on Health, Education, Labor, and Pensions of the Senate.

(4)

Danger of abuse or neglect at the hands of the parent or legal guardian

The term danger of abuse or neglect at the hands of the parent or legal guardian does not mean migrating to or crossing the United States border.

(5)

Designated agency

The term designated agency means—

(A)

the Department of Homeland Security;

(B)

the Department of Justice; and

(C)

the Department of Health and Human Services.

(6)

Finding

The term finding means an individualized written assessment or screening by the trained agent or officer that includes a consultation with a child welfare specialist, formalized as required under section 2(c) and consistent with sections 3, 4, and 8.

(7)

Secretary

Unless otherwise specified, the term Secretary means the Secretary of Homeland Security.